•J ^^^
UNITED STATES ENVIRONMENTAL
WASHINGTON, D.C. 20~460
5» rm "a _______ __ — ^— r^"Il, I ^ f*"}
u ^ 530R89103
MEMORANDUM
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
SUBJECT: Final Monthly Report—RCRA/Superfund Industrial Assistance
Hotline and Emergency Planning and Community Right-To-
Know Information and Title III Hotline Report for January 1989
FROM: Thea McManus, Project Officer
Office of Solid Waste ""
\ ^^^^^ '
Hubert Watterstpeputy Project Officer
Office of Emergency and Remedial Response
TO: See List of Addressees
This report is prepared and submitted in support of Contract #68-01-7371.
I. SIGNIFICANT QUESTIONS AND RESOLVED ISSUES—JANUARY 1989
A. RCRA
1. Ore and Mineral Extraction, Benefication and Processing Exclusion
Applicability
The owner/opera tor of a taconite ore mining and processing facility uses several
different processes to increase the taconite ore's concentration. These processes
include a grinding and magnetic separation process that constitutes beneficiation.
This beneficiation process incorporates the use of Whitmore grease for
mechanical lubrication. The Whitmore grease is removed once every ten years
and is sent for disposal. Is this grease, which exhibits the characteristic of EP
toxicity, exempt from being a hazardous waste pursuant to 40 CFR Section 261.4
(7)? -.
St. ,*
In tht November 19, 1980 Federal Register (45 FR 76620), the EPA
promulgated regulations excluding solid waste from the extraction,
beneficiation, and processing of ores and minerals from the definition of
hazardous waste. The preamble to this Federal Register stated this exclusion
applied to wastes produced in, and unique to the exploration, mining,
milling, smelting and refining of ores and minerals. The exclusion did not
apply to solid wastes, such as spent solvents, pesticide wastes, and discarded
commercial chemical products, that were not unique to the mining and
processing operations (45 FR 76619).
-------
1. Ore and Mineral Extraction, Beneficiation and Processing Exclusion
Applicability (Cont'd)
Since 1960, common mining and processing operations have included the
long-term application of Whitmore grease to heavily used machinery, gears
and other difficult to access equipment. However, Whitmore grease is not
limited to the mining industry, but can be used on any industrial equipment
where short term grease applications are limited by difficult access and heavy
use. Therefore, because the Whitmore grease is not unique to mining
operations, it is not excluded pursuant to 40 CFR Section 261.4 (b)(7). The
grease that can no longer be used for its intended purpose and that is going for
disposal would be a solid waste pursuant to 40 CFR Section 261.1 (c)(l) and 40
CFR Section 261.2, respectively [see January 4, 1985 Federal Register (50 FR
663)]. This solid waste will be a hazardous waste if it meets a listing under 40
CFR Part 261 Subpart D or exhibits any characteristic under 40 CFR Part 261
Subpart C.
Source: Bob Hall (202) 475-8814
Research: Jace Cuje (202) 382-3000
2. Underground Storage Tanks: Financial Responsibility
Can a company owning underground storage tanks (USTs) use the financial test
of self-insurance to insure both their USTs and the USTs of their wholly owned
subsidiary?
No, according to 40 CFR Section 280.95(a) a parent corporation may use the
financial test for self-insurance to cover only their own tanks. The language
of Section 280.95 limits the financial test to owners or operators. Thus, the
parent's use of the financial test of self-insurance would be limited to
providing financial responsibility to the tanks for which the parent is the
owner or operator. The subsidiary may always use the financial test of self-
insurance for their own tanks, if they are financially capable of doing so.
Furthermore, a parent corporation may use a corporate guarantee to insure
the subsidiary's tanks (Section 280.96(a)). As a guarantor, and after July 24,
1989, the parent company must meet the financial test criteria specified in
Section 280.95 and be located in a State where the State Attorney General has
verified in writing the legality and enforceability of the guarantee as required
by Section 280.940)). However, Section 280.94(c) prohibits use of the financial
test of self-insurance in combination with a guarantee if the financial
statements of the owner or operator are consolidated with the financial
statements of the guarantor. Thus if the financial statements of the
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2. Underground Storage Tanks: Financial Responsibility (Cont'd)
subsidiary are consolidated with those of the parent company, the subsidiary
may not use the financial test of self-insurance in combination with a
guarantee from the parent company. For further discussion see the October
26, 1988 preamble to the Final Rule (53 FR 43322).
Source: Stephanie Bergman (202)382-4614
Research: Gwen Herron (202) 382-3000
3. UST Release Detection
An UST owner/operator chooses manual tank gauging as the sole method for
release detection for a 400 gallon petroleum tank in accordance with 40 CFR
Section 280.41. Manual tank gauging involves taking measurements of
substance levels at the beginning and ending of a 36-hour period where no liquid
is added or removed from the tank (see Section 280.43(b)).
A) Must the owner/operator take measurements every week where the tank is
not used for a 36-hour period or may he take measurements once a month?
B) If the owner/operator takes measurements weekly at the beginning and
ending of a 36-hour period, should he compare variations in his measurements
to the weekly or monthly standard?
Manual tank gauging must be done weekly for a period of at least 36 hours.
This does not mean that an owner/operator has to shut down the operation
of his or her tank for a 36-hour period during a normal five-day work week.
The owner/operator may choose to manual tank gauge over the weekend
(see 53 FR 37202).
The owner/opera tor must compare variations between the beginning and
endinju measurements to the weekly standard. Once a month, the
ownef/operator should average the last four weekly measurements and
compill the average to the monthly standard. The weekly standard will
detect any sudden large releases and the monthly standard may catch gradual
releases.
In effect, if the variation in measurements exceeds the weekly or monthly
standards, then the owner/operator is subject to the requirements of Subpart
E, Release Reporting, Investigation and Confirmation per Section 280.43(b)(4).
Source: Tom Young (202)475-7261
Research: Susan Brugler (202)382-3000
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4. Underground Storage Tanks: Exclusions
A facility owner/operator uses an underground tank to store used oil. When the
tank accumulates a certain amount of oil the owner/operator empties the tank
and the oil is added to a second tank. The second tank contains heating oil that is
consumed on-site to produce steam. Does the first tank containing used oil meet
the exclusion in Section 280.12 for a tank storing heating oil for consumptive use
on the premises where stored?
Section 9001(1)(B) of RCRA excludes from the definition of an underground
storage tank (USD those tanks used to store heating oil for consumptive use
on the premises where stored. The UST final rule published in the
September 23, 1988 Federal Register (53 FR 37082) further defines this heating
oil exclusion. To meet the exclusion the heating oil must be either one of the
six technical grades of fuel oil, a residual fuel oil, or another fuel used as a
substitute for one of these fuel oils. The use of a heating oil substitute is
limited to use on-site and in place of a technical grade fuel oil (53 FR 37117).
Therefore, the original tank storing the used oil would meet the exclusion in
40 CFR Section 280.12 if all of the accumulated oil is used as a heating oil on-
site.
Source: Tom Schruben (202)382-5866
Research: Gwen Herron (202) 382-3000
B. CEPP
5. Facility Designation Under Section 302
A natural gas distribution facility consists of a series of pipelines and breakout
storage tanks. The substances stored at the facility are exempt from all applicable
provisions of SARA Title III (except Section 304) under the transportation
exemption at Section 327. Can such a facility be designated (under the authority
of Section 302(b)(2)) as a facility subject to the emergency planning requirements
of Title in?
Section 302(b)(2) of Title III gives the Governor or the State Emergency
Response Commission (SERC) the authority to designate additional facilities
as subject to the emergency planning provisions in Sections 301-304. Facilities
may be designated under this authority even if all of the substances present at
the facility qualify for the transportation exemption at Section 327 because
they are under active shipping papers. In order to make such a designation,
the Governor or SERC must first provide public notice and opportunity for
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5. Facility Designation Under Section 302 (Cont'd)
comment on the proposed designation. The Governor or SERC must also
notify the facility owner/operator of any facility designation under Section
302(b)(2).
The effect of such a designation will be to subject the facility owner/operator
to the notification requirement under Section 302(c), and to the emergency
planning provisions of Sections 302-304. Such a designation would not
render the chemicals at the facility, which are otherwise exempt from the
reporting provisions of Title III, reportable.
Source: Kristen Engel (202) 382-7722
Research: Jim Styers (202) 479-2449
6. Section 313: Toxic Chemical List Issues
Does EPA consider lead to be a carcinogen under Section 313, and therefore
subject to a 0.1% de minimis concentration cut off?
Yes, EPA classifies chemicals as carcinogens if they meet any one of the
following three criteria:
• The chemical has been evaluated by the International Agency for
Research on Cancer (IARC) to be a carcinogen or a potential carcinogen;
or
• The chemical is listed as a carcinogen or potential carcinogen in the
Annual Report on Carcinogens published by the National Toxicology
Program (NTP); or
• The chemical is regulated by OSHA as a carcinogen and therefore listed
in 29 CFR 1910 Subpart Z.
Recent studies in Supplement 7 to the IARC monographs show lead to be
carcinogenic. Since this information was only recently available, EPA did not
regulate lead as a carcinogen for the first year of reporting. Lead will be
regulated as a carcinogen, subject to a 0.1% de minimis, beginning with the
second reporting year, 1988.
Source: Bob Israel (202) 382-3748
Research: Jim Buchert (202)479-2449
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7. Section 313: Solution Qualifier
For purposes of Section 313 reporting, is ammonium nitrate in a fuel oil slurry
considered a solution? Ammonium nitrate and fuel oil are commonly used as
explosives in the mining industry.
This mixture of ammonium nitrate and fuel oil does not constitute a solution.
Since the ammonium nitrate is not dissolved, the ammonium nitrate in fuel
oil is a suspension or dispersion. Therefore, ammonium nitrate used in this
form is not reportable under Section 313.
Source: Larry Longanecker (202) 382-7971
Research: Minda Sarmiento (202)479-2449
8. Section 313: Toxic Chemical List
Section 313 contains 20 chemical categories on the list of covered toxic chemicals.
One category is for cyanide compounds such as lead cyanide or potassium
cyanide. Is potassium iron cyanide considered to be a cyanide compound?
The cyanide compounds subject to Section 313 reporting are cyanide salts
where a formal dissociation may occur. These compounds would be ionically
bonded together. Potassium iron cyanide has complex covalent bonding, and
a formal dissociation would not occur readily. Therefore, potassium iron
cyanide is not a cyanide compound as defined under Section 313.
Source: Bob Israel (202) 382-3748
Research: Jim Buchert (202)479-2449
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iRY 1989
1. The RCRA/Superfund Hotline and Emergency Planning and Community Right-
to-Know Hotline responded to 19,543 questions and requests for documents in
January. The breakdown is as follows:
Superfund UST CEPP
Information Calls
Call Document Requests
Written Document Requests
Referrals
5,707
1,506
607
1,039
978
174
1,657
1,254
4,528 = 12,870
1,203 = 4,137
560 = 1,167
330 = 1369
Totals
8,859
1,152
2,911 3,181 = 19,543
A. RCRA/Superfund Hotline Activities
2. On January 5, Stephanie Bergman, OUST briefed the Hotline on the UST
Financial Responsibility Requirements.
3. On January 9, 23 and 30, Chris Bryant, Hotline Section Chief, attended the Office
of Solid Waste and Emergency Response (OSWER) Communications
Workgroup meetings.
4. On January 10 and 24, Joe Nixon, Hotline Section Chief, attended the Office of
Underground Storage Tanks (OUST) staff meetings.
5. On January 12, Denise Sines, Hotline Project Director, met with Chad
Cunningham, Office of Pollution Prevention concerning OPPE/Pollution
Prevention Efforts.
6. On January 12, Renee Pannebaker, Jace Cuje, and Anne Buckelew, Hotline
Information Specialists, attended the public meeting on the proposed National
Contingency Plan.
7. On Janvuay 13, Denise Sines, Hotline Project Director, met with Mike Mastracci,
Office of Solid Waste and Emergency Response (OSWER), concerning the
Superfund Innovative Technology Evaluation (SITE) program status.
8. On January 23, Denise Sines, Hotline Project Director, met with Thea McManus,
Office of Solid Waste Project Officer, concerning the Hotline monthly report.
9. On January 24, Denise Sines, Hotline Project Director, met with Jim Lounsbury,
Waste Minimization Staff, OSW, concerning OSW pollution prevention effort.
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A. RCRA/Superfund Hotline Activities (Cont'd)
10. On January 25, Denise Sines, Hotline Project Director, met with Hubert Waiters,
Office of Emergency and Remedial Response Deputy Project Officer, concerning
Hotline operations.
11. On January 30, Susan O'Keefe and Paul Kaldjian, OSW briefed the Hotline on
the Franklin Report (The Lead and Cadmium Report).
B. Emergency Planning and Community Right-to-Know Hotline Activities
12. On January 3, Anita Bartera of the Title III Hotline staff attended the conference
with EPA preparedness coordinators on the status of Title III activities.
13. On January 3 and 31, Jim Buchert of the Title III Hotline staff attended the Title
III Workgroup meetings on the status of Title III activities.
14. On January 4, 11, 18, and 25 the Title III Hotline staff attended the Title III
Outreach Subcommittee meetings on status of Title III communications strategy.
15. On January 5 and 11, Robert Costa, Title III Hotline Section Chief, met with
representatives of IMD, ETD, & OCM to discuss the outstanding issues with
Section 313 Notices of Non-compliance.
16. On January 5, 12, 19, and 26, Denise Sines, Joe Nixon, and Robert Costa of the
Title III Hotline met with Leanne DuFief and Bob Israel, OTS, and Anastasia
Watson, Preparedness Staff, on the status of the Title III Hotline.
17. On January 10, Jon Roland of the Title III Hotline staff attended the National
Governors Association meeting with select State representatives on risk
communication activities.
18. On January 10 and 24, the Title III Hotline staff attended the Preparedness Staff
meetings on status of program office activities.
19. On January 17, Jim Styers of the Title III Hotline staff attended the Title III
Workgroup meeting on the status of Title III activities.
20. On January 18, John Ferris of the Title III Hotline staff attended the conference
call with the FEMA/EPA Regional Title in coordinators on status of Title III
activities.
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B. Emergency Planning and Community Right-to-Know Hotline Activities (Cont'd)
21. On January 19, Minda Sarmiento of the Title Hotline staff met with
representatives of IMD, ETD, and OCM to discuss the outstanding issues with
Section 313 Notices of Non-compliance.
22. On January 25, Jon Roland of the Title III Hotline staff attended the Prevention
Workgroup meeting on the status of ARIP and other prevention activities.
23. On January 26, Jon Roland of the Title III Hotline staff attended the NRT
meeting on the status of Federal preparedness and response activities.
24. On January 26, Jim Styers of the Title III Hotline staff attended the conference call
with Regional outreach coordinators to discuss the status of Title III outreach
activities.
25. On January 27, Robert Costa, Title III Hotline Section Chief, met with Laurie
Soloman of the Preparedness Staff to discuss the status of Title III printing &
distribution issues.
26. On January 30, Robert Costa, Title III Hotline Section Chief attended the
conference call with EPA Preparedness coordinators on the status of Title in,
preparedness and prevention activities.
-------
ANALYSES OF QUESTIONS—January 1989
Grand Total = 12,922
RCRA/Superfund Hotline
Summary of Calls by EPA Region
Region 1
Region 2
Region 3
. Region 4
Region 5
Region 6
6%
1 1%
18%
12%
16%
9%
Region 7
Region 8
Region 9
Region 10
International Calls
5%
5%
12%
5%
0%
Calls
Manufacturers
Generators
Transporters
TSDFs
EPAHQ
EPA Regions
Federal Agencies
State Agencies
Local Agencies
Used Oil Handlers
USTO/O
RCRA
General Information
§3010 Notification
§260.10 Definitions
§260.22 Petitions/Delistinq
§261.2 Solid Waste Definition
§261.3 Hazardous Waste Definition
§261 C Characteristic Haz. Waste
§261 D Listed Haz. Waste
§261.4 Exclusions
§261.5 Small Quantity Generators
§261.6 Recycling Standards
$261 7 Container ftotkJues
$262 Generator-%ntral
5262 100- 100#' la/mo
§262 Manifest Information
§262 Accumulation
§262 Recordkeeoing & Reoorting
§262 International Shioments
§263 Transoorters
5%
13%
1%
5%
1%
2%
2%
6%
2%
2%
16%
429
74
132
27
170
267
404
418
1 16
101
69
41
98
67
154
214
30
30
47
Consultants
Attorneys
Laboratories
Univ ./Researchers
Trade Associatons
Insurance Co.'s
Environmental Groups
Press
Citizens
Other
§266 C Use Constituting Disposal
§266 D HW Burned
for Energy Recovery
§266 E Used Oil Burned
for Energy Recovery
§266 F Precious Metal Reclamation
§266 G Spent Lead— Acid
Battery Reclamation
Subtitle D
Asbestos/PCBs/Radon
Corrective Action
Dioxins
Household Hazardous Waste
Infectious Waste
Liability/Enforcement
Minimum Technology
Mixed Radioactive Waste
Used Oil
Waste Minimization
20%
9%
3%
2%
0%
2%
1%
1%
4%
4%
28
1 0
0
80
1 3
205
1 35
85
25
59
55
52
1 0
50
130
24
10
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RCRA-TSDF/284 and 265
A Scooe/Applteabflltv
B General Facility Standards
C Preparedness/Prevention
0 Contingency Plans
E Manifest/Recordkeeping/Reportin<
F Ground-Water Monitoring
. G Closure/Post Closure
H Financial Requirements
! Containers
J Tanks
K Surface Impoundments
L Waste Piles
M Land Treatment
N Landfills
Liquids in Landfills
O Incinerators
P Thermal Treatment
Q Chem.. Phvs., Btol Treatment
Underground Storage Tanka
General
§280.10 Applicability
§280.11 Interm Prohibition
§280.12 Definitions • General
UST
Regulated Substance
§280 B New UST Systems • General
§280.20 Performance Stda.
§280.21 Upgrading
§280.22 Notification
§280 C General OMraflra Rta
§280 0 Release Drtafinn
COOA C Bntnnmm ^BH • lm
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CERCLA
Access & Information Gatherina
Administrative Record
Allocations from Fund
ARARs
. CERCUS
Citizen Suits
Clean-Do Costs
Clean-UD Standards
Community Relations
Contract Lab Program (CLP)
Contractor Indemnification
Contracts
Definitions
Emergency Response
Enforcement
Exposure AssessJRisk Assess.
Federal Facilities
Fund Balancing
General
Grants
Hazardous Substances
Health/Toxics
MRS
Liability
Mandatory Schedules
Natural Resource Damages
NBARs
NCP
Notification
NPL
Written Reauest Response*
Referred to EPA Pjoaram Office*
Referred to other FetfereJ Agencies
Referred extern*^ (««te.
4piMfeflfllons. etc.)
flesoonse Form Sent
Response Form SenVFOiA
Form Letter Sent/Need More Info.
Requests Filed - RCRA
•CERCLA
• UST
SUBTOTAL
1 2
1
7
1 1
51
7
8
31
1
4
1
4
17
3
18
5
14
2
67
8
105
5
48
35
0
1
0
65
40
112
354
57
33
38
0
2
0
93
25
5
• 07
Off-Site Policy
On-Site Policy
OSHA
PA/SI
PRPs
Public Participation
Radon
RCRA Interface
RD/RA
Remedial
Removal
Response
RI/FS
ROD
RQ
SARA Interface
Settlements
SITE Program
State Participation
State Program
Taxes
Title lll/Rioht-to-Know
CERCLA Document Reouests
CERCLA SUBTOTOAL
Referrale
Referrals - EPA HQ
Other Hotlines
Regions
State
GPO/NTIS/PIC/ORD/Dockets
Other
SUBTOTAL
ITOTAL CALLS, DOCUMENT
I REQUESTS and REFERRALS
1 9
3
1
2
23
3
0
2
6
1 8
27
0
59
21
37
4
1 9
23
5
2
4
1 7
174
1,152
109
1 29
109
280
363
49
1 ,039
12,922
12
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Emergency Planning Community RighMo-Know Information Hotline
Dally/Monthly Summary Report—January 1989
Total Calls: 4,858
Distribution of Calls by EPA Regions
Region 1
Region 2
Region 3
Region 4
Region 5
International
Manufacturers
20 Food
21 Tobacco
22 Textiles
23 Apparel
24 Lumber & Wood
25 Furniture
26 Paoer
27 Printing & Publishing
28 Chemicals
29 Petroleum & Coal
30 Rubber and Plastics
31 Leather
32 Stone, Clav & Glass
33 Primary Metals
34 Fabricated Metals
35 Machinery (Excluding Electrical
36 Electrical & Electronic Equipmer
37 Transportation Equipment
38 Instruments
39 Misc. Manufacturina
Not Able to Determine
[Total Mfg. f«i
(Title III GMMMM
$301-3 Emergency Planning
SERCs
Notification
TPQi
Mixtures
6%
11%
16%
14%
23%
0%
2.40%
0.06%
1.00%
0.28%
0.55%
0.41%
1.30%
1.60%
17.50%
3.20%
3.40%
0.16%
2.20%
1.60%
5.70%
0.94%
4.10%
2.10%
0.43%
0.39%
1.60%
51.40%l
337
225
114
91
80
22
2ii
Total Document Requests:
Total Written Requests:
Region 6
Region 7
Regions
Region 9
Region 10
Unknown
Distributors
Handlers
Attorneys
Consultants/Engineers
Laboratories
Trade Associations
Public Interest Groups
Universities/Academia
Insurance Companies
Hospitals
State AgendesVSERC
Fire Departments
EPA
Local Officials
LEPC
Farmers
Federal Agencies
Media/Press
Union/ Labor
Citizens
Indians
Other
Total (%)
Deiistina EHS
Exemptions
(Total (%)
1,203
560
7%
4%
2%
9%
3%
1%
2.70%
7.10%
6.10%
11.10%
1.10%
0.88%
0.51%
1.70%
0.32%
0.90%
2.10%
1.10%
1.50%
1.50%
2.00%
0.33%
0.94%
4.30%
0.00%
2.20%
0.02%
0.60%
5 . 2 0 %|
21
30
12.80%l
13
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§311/5312
General
MSOS Reoortina Requirements
Tier I/I I Regulations
Thresholds
OSHA Expansion
Hazard Categories
Mixtures
Exemptions
(Total (%)
§313
General
Form R
Thresholds
Phase II
Phase III
Workshop (Training)
Petitions
Health Effects
Database
Mass Balance Study
(Total (%)
Referrals
OSHA
Preparedness Staff
OTS Staff
RCRA/Superfund Hotline
Reqional EPA
TSCA Hotline
Other
Total Referrals
487
224
458
484
64
82
101
140
32%l
1.507
680
203
25
0
0
99
5
40
1
40%l
87
2
4
143
15
25
74
330
I Total Document Naouests:
1.2031
Training: General
§305 Training Grants
§305 Emergency Systems Review
§126 (SARA) Training Regulations
ITotal (%)
6
8
25
1 %
CEPP: Interim Guide
Chemical Profile
NRT-1
Hazard Analysis
Risk Communication
Title III Workshops
Information Management
Prevention ARIP
Other
21
33
47
10
7
8
4
165
ITotal (%) 5 %l
Trade Secrets
28
ITotal (%)
0.43%|
Enforcement
62
ITotal (%)
0.96%|
Liability
12
ITotal (%)
Release Notification
General
68
Notification Requirements
44
Reportable Quantities
42
RQsvs.TPQs
18
CERCLAvs.9304
48
Transportation
Exemptions
ITotal (%)"
20
14
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
IV. PUBLICATIONS—JANUARY 1989
RCRA
Title 40 Code of Federal Regulations (CFR) Parts 190-299 is available from the
Government Printing Office (GPO). The order number is 869-004-00142-8.
Cost Recovery Policy for the Lust Trust Fund is available from the Underground
Storage Tank (UST) Regional coordinators.
The Federal Facilities Compliance Strategy, also known as The Yellow Book, is
available from the Office of Federal Activities.
Blueprint For The Environment is available from the National Wildlife
Federation.
The National Survey of Solid Waste Landfill Facilities, 1988 is available from the
National Technical Information Service (NTK). The order number is PB89-118-
525.
Doing It Right, a video concerning underground storage tank installation, is
available from the Petroleum Equipment Institutes, P.O. Box 2380, Tulsa, OK
74101.
EPA's Fiscal Year 1988 OSWER Annual Report is available from the
RCRA/Superfund Hotline.
The following publications are available at the RCRA Docket.
—The SIM* Consolidated RCRA Authorization Manual (SCRAM), OSWER
DirectX 9540.00-9.
—Docket Report on Health Based Regulatory Levels and Solubilities Used in the
Evaluation of Delisting Petitions Submitted Under 40 CFR Section 260.20 and
26022.
15
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RCRA/Superfund Hotline
National ToU Free #800/424-9346, Washington DC Metro #202/382-3000
RCRA (Cont'd)
The following titles are available via the Hotline.
—National Criteria for a Quality Hazardous Waste Management Program; the
order number is EPA/530-SW-89-011.
—Interim Final Corrective Action Plan; the order number is EPA/530-SW-88-
028.
—RCRA Corrective Action Interim Measures; the order number is EPA/530-
SW-88-029.
The December 30, 1988 Federal Register on the tentative petition denial for the
American Wood Preservers Institute; the order number is OSW-FR-89-004.
The December 30, 1988 Federal Register on the listing of wood preservative
waste; the order number is OSW-FR-89-003.
Background Information Document for Development of Regulations to Control
the Burning of Hazardous Waste in Industrial Boilers and Furnaces, Vol. II—
Industrial Furnaces, NTIS, PB87-173-837.
Report to Congress: Radon Mitigation Demonstration Program is available
from Mike Mardis at (202) 475-9605.
CERCLA
The 1987 ADD Annual Report is available at the National Technical Information
Service, tit order number is PB89-114-144.
Title 40 Colt of federal Regulations (CFR) Parts 300-399 is available from the
Government Printing Office (GPO). The order number is 869-004-00143-6.
Generic Protocol For Multi-Media Environmental Audits of Federal Facilities is
available from the Office of Federal Activities.
Guidance on Remedial Actions for Contaminated Groundwater at Superfund
Sites, 9283.1-02 is available from Superfund Docket or Public Information Center.
16
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
V. FEDERAL REGISTER NOTICES — JANUARY 1989
Former Notices with Open Comment Period
November 4,1988; 53 FR 44716
(proposed rule)
November 22,1988; 53 FR 47232
(FEMA proposed rule)
November 25,1988; 53 £R 47731
(proposed rule)
This proposed rule will reference
various Federal agencies' implementa-
tion of OMB's Circular A-110 with a
common government-wide rule for
the administration of grants and
cooperative agreements to institutions
of higher education, hospitals, non-
profit and profit entities. Both EPA
and FEMA are affected by this
proposed rule. The comment period
ends January 3,1989.
This proposed rule would establish
policy implementing FEMA's
responsibility to provide permanent
relocation assistance to persons as part
of CERCLA response actions.
Comments will be received until
January 23,1989.
EPA is proposing to exclude certain
solid wastes contained in an on-site
surface impoundment from the lists of
hazardous waste in 40 CFR Sections
26131 and 261.32 in response to a
petition submitted by Brush Wellman,
Inc., Elmore, Ohio. This notice also
proposes to deny two other petitions
submitted by the same company.
Comments will be accepted until
January 9,1969.
17
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
November 29,1988; 53 FR 48218
(proposed rule)
December 2,1988; 53 £R 48655
(proposed rule)
December 2,1988; 53 £B 48661
(notice)
December 6,1988; 53 £R 49227
(proposed settlement)
December 6, IS* 53 ER 49248
(proposed OMJMBft decree)
This proposed rule would amend
the National Contingency Plan (NCP)
by adding a new Section 300.440. This
proposed amendment implements
CERCLA Section 121(d)(3) regarding
off-site management of wastes from
CERCLA response actions. The
comment period ends January 13,1989.
This proposed rule is a delisting
petition for waste generated at Boeing
Airplane Co., Auburn, Washington.
Comments will be accepted until
January 17,1989.
This notice announces a proposed
deletion from the National Priorities
List (NPL) for the Wade (ABM) Site,
Chester, Pennsylvania. The comment
period ends January 3,1989.
This notice of a proposed settlement
under CERCLA Section 122(h) between
EPA and Trust Company Bank, the
Trust of Norman Reints, P.I.E.
Nationwide, Inc. and response costs at
the Zenith Chemical Co. Site, Dalton,
Georgia. The comment period ends
January 1,1989.
This is a notice of a proposed consent
decree in U.S. v. Atlantic Richfield Co..
Inc.. under CERCLA for oil refinery
facility in Wellsville, New York.
Comments will be accepted until
January 5,1999.
18
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RCRA/Superfund Hotline
National Toll Free #800/424-9346. Washington DC Metro #202/382-3000
December 7,1988; 53 F& 50040
(proposed rule)
December 14,1988; 53 IB 50308
(proposed consent decree)
December 14,1988; 53 FS 50309
(proposed consent decree)
December 16,1988; 53 FB 50550
(proposed rule)
December 21,1988; 53 £B 51394
(proposed rule)
December 2$ 1988; 53 £& 51962
(proposed ruto)
This is a proposed petition to delist a
certain waste generated by Mason
Chaimberlain, Inc., Bay St. Louis,
Michigan. Comments will be received
until January 27,1989.
This notice announces the proposed
consent decree in U.S. v. Chevron
Chemical Co.
et al.junder CERCLA for
their landfill in Monterey Park,
California. Comments will be
received until January 23,1989.
This notice announces the proposed
consent decree in U.S. v. Polysar. Inc..
under RCRA for the polystyrene
production facility in Copley, Ohio.
Comments will be received until
January 13,1989.
This proposal would deny a petition
to exclude waste generated by Fisher
Guide in Fling, MI. Comments will be
accepted until January 30,1989.
This proposal revises the National Oil
and Hazardous Substances Pollution
Plan (NCP). Comments will be
received until February 21,1989.
EPA proposes revisions to the Hazard
Ranking System (HRS) to change
EPA's evaluation of potential threats
to the public health and the
environment. Comments will be
received until February 21,1989.
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
December 30,1988; 53 FR 53282
(proposed rule)
December 30,1988; 53 FR 53330
(proposed rule)
January Federal Register Notices
January 5,1989; 54 FS 333
(lodging of consent decree)
January 9,1989; 54 ES 616
(final rule)
January 9,19*34£R 661
(notice of avaflability)
This rule proposes to list three wood
preserving operation wastes and one
surface protection process waste.
Comments will be accepted until
February 28,1989.
This proposed rule is a tentative
petition to deny a petition from the
American Wood Preservers Institute
for EPA to reconsider and clarify the
K001 listing. Comments will be
received until February 28,1989.
This notice announces the lodging
of a consent decree pursuant to
CERCLA in U.S. v. New Castle County
etal.. and related litigation in U.S. v.
Amoco Chemical Corporation in
Delaware.
This rule clarifies and corrects the
preamble and regulatory language of
the December 10,1987, rule on
permitting miscellaneous hazardous
waste management units. The
effective date is March 1,1989.
EPA announces the availability of the
minutes from the third meeting of the
Municipal Settlement Discussion
group. The meeting addressed issues
relating to municipalities that are
responsible parties under Superfund.
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
January 10,1989; 54 FR 832
(extended comment period)
January 11,1989; 54 FR 1056
(proposed rule)
January 12,1989; 54 FE1189
(proposed rule)
January 12,1989; 54 £R 1256
(proposed settlement decree)
January 18,1989; 54 £R 1940
(final rule)
January 19,1989; 54 £R 2124
(final rule)
January 23,1969; 54 FR 3212
(proposed rule)
This notice announces the extension
of the comment period to implement
the recommendation of the Domestic
Sewage Study. The comment period is
extended to February 22,1989.
EPA proposes land disposal restriction
treatment standards and prohibitions
for the Second Third of listed wastes.
Comments will be accepted until
February 27,1989.
EPA proposes to exclude certain wastes
generated by Perox, Inc. from the lists
of hazardous wastes. Comments will
be accepted until February 27,1989.
This notice proposes a consent decree
pursuant to CERCLA in U.S., et al. v.
County of Spokane, et al. Comments
will be received until February 13,
1989.
EPA approves Kentucky's non-HSWA
hazardous waste program revisions.
EPA announces the deletion of the
Matthews Electroplating site in
Virginia from the National Priority
List
EPA proposes to revise certain test
methods under Subtitle C EPA is also
proposing to add several new test
methods which will appear in the
Third Edition of SW-846. Comments
wiU be received until March 9,1989.
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RCRA/Superfund Hotline
National Toll Free #800/424-9346, Washington DC Metro #202/382-3000
January 23,1989; 54 FR 3136
(notice)
January 23,1989; 54 £R 3132
(proposed extension)
January 23,1989; 54 FR.3153
(proposed decree)
January 23,1989; 54 £B 3388
(proposed rule)
January 24,19M*54 ffi 3528
(notice)
January 25,1989; 54 EB 3681
(notice)
This notice announces the relocation
of the RCRA Docket The Docket will
be dosed January 30,1989 through
February 2,1989.
This notice announces the proposed
extension to the land disposal
restrictions date of November 8,1988,
for solvent containing sludges having
less than 1% total F001-F005 solvent
constituents for E.I. duPont in its
Chambers Works plant. Comments
will be received until February 22,
1988.
This notice is a proposed decree in
U.S. v. Tagiella for recovery of costs
incurred by the U.S. in connection
with two removal actions conducted at
a facility known as the Calmut
Container site. The Department of
Justice (DOJ) will receive comments
until February 22,1989.
EPA is proposing to designate 232
extremely hazardous substances
(EHSs) to the list of hazardous
substances. Comments must be
submitted by March 24,1989.
This notice of Information Collection
Requests under OMB includes the
Burden Box Statement extension.
EPA will transfer to DOJ information
which had been submitted to EPA
under Section 3007 of RCRA as part of
the National Generator Survey.
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RCRA/Supcrfund Hotline
Toll Free #800/424-9346, Washington DC Metro #202/382-3000
January 26,1989; 54 FR 3845
(notice)
January 26,1989; 54 Eg 3918
(proposed rule)
January 27,1989; 54 £B 4132
(final rule)
January 27,1989; 54 fR 4021
(final rule)
January 30,1989; 54 £& 4334
(notice)
This notice contains EFA's proposed
Pollution Prevention Policy
Statement. This policy encourages full
utilization of source reduction
techniques to reduce risk to public
health and the environment as well as
encouraging environmentally sound
recycling.
This is a proposed rule prescribing
the manner in which notice of citizen
suits are to be provided under
CERCLA Section 310. Comments will
be accepted until February 27,1989.
This rule establishes administrative
requirements for CERCLA funded
cooperative agreements, and
Superfund State Contracts necessary to
implement cost recovery actions.
Comments on this interim final rule
will be accepted until April 27,1989.
An Administrative Stay on certain
portions of the Land Disposal
Restrictions rule has been imposed.
This stay allows certain prohibited
wastes to be accepted by TSDFs above
and beyond those wastes listed in their
permit. This is to facilitate orderly and
successful implementation of the land
disposal restrictions. The stay is
effective January 13,1989.
EPA announces a request for applica-
tions for Superfund research regarding
the development of biodegradation
methods for wastes at Superfund Sites.
Applications mutt be received by
March 1,1989.
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RCRA/Superfund Hotline
Htfional ToU Frte #§00/424-9346, Washington DC Metro #202/382-3000
January 30,1989; 54 EE 4335
(notice)
January 30,1989; 54 FR 4286
(final rule)
January 30,1989; 54 FJL4381
(notice of corrections)
January 30,1989; 54 FR 4302
(proposed rule)
This is a notice of proposed settlement
under CERCLA between EPA and
KEM Manufacturing for response costs
at Zenith Chemical Company in
Dalton, Georgia. Comments will be
received until March 1,1989.
This rule is a clarification of require-
ments of 40 CFR 270.62(d), permitting
hazardous waste incinerators. Existing
incinerators must conduct a trial burn
or submit other information before
receiving a permit This rule is
effective March 1,1989.
EPA announces some corrections to a
delisting petition denial published
previously in the Federal Register
December 16,1988.
EPA is proposing to delete the
New Castle Steel Site, New Castle,
Delaware from the NPL. An
additional two weeks of public
comment is allowed on the original
notice in the September 22,1988,
Federal Register. February 13,1989,
ends the comment period.
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List of Addressees:
Devereaux Barnes, OS-330
Jim Berlow, OS-322
Frank Biros, OS-500
George Bonina, OS-310
John Bosky, EPA-Kansas Qty
Susan Bromm, OS-500
Karen Brown, PM-220
Diane Buxbaum, Region 2
Jon Cannon, OS-100
Jayne Carlin, Region 10
Fred Chanania, LE-132S
Richard darizio, Region 5
Steve Cochran, OS-332
Kathy Collier, RTF, NC
Elizabeth Cotsworth, OS-343
Rhonda Craig, OS-333
Wayne Crane, PM-273F
Hans Crump, OS-210
Gordon Davidson, OS-500
Elaine Davies, OS-301
Truett DeGeare, OS-301
Bob DeUinger, OS-332
Jeffery Denit, OS-300
Bruce Diamond, OS-500
Melinda Downing, DOE
Lee DuFief, TS-779
Karen Ellenberger, OS-100
Terry Feldman, A-108
Tim Fields, OS-210
Lisa Friedman, LE-132S
Ken Gigliello, WH-527
John Gilbert, EPA-Cin., OH
Al Goodman, EPA-Portland, OR
Lloyd Guerd, OS-500
Matt Hale, OS-340
Lynn Hansen, OS-305
Penny Hansen, OS-230
Bill Hanson, 06-220
Karen Hanfco* LB-134S
Cheryl Hawkfcu, OS-200
Steve Hoopflb OS-500
Irene Herat* WH-595
Barbara Hoataft, OS-210
Hotline Staff
Bob Israel, TS-779
Phil Jalbert, OS-240
Alvin K. Joe, Jr., GRC
Gary Jonesi LE-134S
Jim Jowett, OS-210
Thad Juzczak, OS-100
Julie Kiaas, OS-510
William Kline, OS-332
Bob Kievit, EPA-CHympia, WA
Robert Knox, OS-130
Mike Kosakowski, OS-510
Walter Kovalick, OS-200
Steve Kovash, PM-214F
Tapio Kuusinen, PM-223
Steve Letter, LE-134S
Steve Levy, OS-301
Henry Longest, OS-200
Sylvia Lowrance, OS-300
James Makris, O6-120
Joseph Martone, A-104
Scott McLaughlin, Region 7
Scott McPhilamy, Region 3
Royal Nadeau, Region 2
Mike Petruska, OS-332
Lawrence Pratt, ANR-464
Steve Provant, EPA-Boise, ID
Barbara Ramsey, A-104
Carl Reeverts, WH-550E
John Riley, OS-210
Suzanne Rudzinski, OS-342
Dale Ruhter, OS-320
Debbie Rutherford, OS-400
William Sanjour, OS-332
Pam Sbar, LE-134S
Mike Shannon, OS-310
Mike Shapiro, TS-779
Laurie Solomon, OS-120
Elaine Stanley, OS-500
Jack Stanton, A-101
Steve Torok, EPA-Juneau, AK
Betti VanEpps, OS-240
Bruce Weddle, OS-301
Steve Willhelm Region 7
Alex Wolfe, OS-342
Dan Yunnan, 06-100
Ttah Zimmerman, OS-220
Huardoua Warte DtvMon Director*
Hazardous Watt
Regional CoumeL Region* I-X
Regional Libraries Regions I-X
I-X
lUftoml-X
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